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As an argument for its position, the CCU recalled art. 1491 of the Constitution of Ukraine, which specifies the grounds for the termination of powers or removal of a judge from the Constitutional Court
Open sources
The Constitutional Court declared that the removal of the president of the court, Alexander Tupitsky, from the position of judge contradicts the Basic Law of the country. The press service of court reports.
“The decision on the question of the dismissal of a judge of the Constitutional Court of Ukraine, the president and his deputy in accordance with the provisions of the second part of article 154 of the Code of Criminal Procedure of Ukraine, based on the decision of the judge of instruction during the investigation or the court during the trial, contravenes article 1491 of the Constitution of Ukraine “, – stated in the KSU.
Taking into account the information that was disseminated by various media with reference to the official statement of the Attorney General’s Office, on the address Pto a resident of Ukrainea on the removal of Alexander Tupitsky from the post of judge for a period of two months, the CCU reported Following.
SINCEAccording to the first part of article 1491 of the Constitution of Ukraine, the powers of a judge of the Constitutional Court of Ukraine expire in case of:
1) the expiration of his mandate;
2) reach seventy years;
3) termination of citizenship of Ukraine or acquisition by him of citizenship of another state;
4) the entry into force of a judicial decision recognizing him as missing or declaring him dead, recognizing him as legally incompetent or partially capable;
5) entry into force of a conviction against you for committing a crime;
6) death of a judge of the Constitutional Court of Ukraine.
According to the second part of article 1491 of the Constitution of Ukraine, the grounds for dismissing a judge of the Constitutional Court of Ukraine are:
1) inability to exercise their powers for health reasons;
2) breach on your part of incompatibility requirements;
3) the commission by him of a serious disciplinary offense, serious or systematic negligence of his functions, which is incompatible with the status of judge of the Court or reveals his inadequacy for the position held;
4) presentation by him of a request for resignation or cessation of office of his own free will.
The decision to remove from office a judge of the Constitutional Court of Ukraine for the reasons determined in the second part of article 1491 of the Basic Law of Ukraine is taken exclusively by the Constitutional Court of Ukraine, and no other body or official may take such a decision. decision instead.
Remember the edition of December 28 “Interfax-Ukraine” It reported that the Office of the Attorney General sent a petition to President Volodymyr Zelenskyy to remove the head of the Constitutional Court of Ukraine, Oleksandr Tupitsky, from the post of judge.
Previously, the presidential representative in the Constitutional Court, Fyodor Venislavsky, said that the head of the KSU was summoned to the Attorney General’s Office on December 28 to raise suspicions about the recordings, which discussed obstruction of the investigation and the activities of the court. According to him, the case was initiated by virtue of two articles: 384 (“Deceiving a court or other authorized body”) and 386 (“Preventing the appearance of a witness, victim, expert, forcing them to refuse to give testimony or opinion” ) of the Penal Code.
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